Which License Should I Use?

bonono at gmail.com bonono at gmail.com
Sun Nov 27 08:13:47 EST 2005


Yup, these independent contractor test doctrines bite both way and in
your case, it is not in your advantage, usually.

I would suggest that whatever tools you want to make to enhance the
work(even it is inspired by your current task), don't use it on this
employer/client, at least not on their premise(including property say a
notebook provided by them) and must not let anyone know that you use it
to help you do the work about them.

mojosam wrote:
> > First thing first, you need to find out if you are an
> > "employee", not in the normal sense, but legal sense.
>
> You're right.  I know there has been a lot of case law to come down the
> pike over the years, due to all sorts of issues.  One of my friends is
> a cab driver.  His contract says that he is an independent contractor.
> Yet his state (Oregon) has three criteria that have to be met.  One of
> these is he has to set his own hours.  He doesn't; the cab company
> tells him when he works.  This fails the independent contractor test,
> so the cab company is legally exposed if any of the cabbies wants to
> press any employment-law issues.
>
> So there are too many variables and unknowns, and it varies by
> jurisdiction.
>
> I started this thread under the mistaken hope that there was some sort
> of license that would force the code to stay open source.  Although
> that isn't realistic, it doesn't change the fact that I should choose a
> license that best fits my needs.
>
> I will consult a lawyer about these issues.  Also, if my
> client/employer won't let me keep my code, I'll just have to keep my
> code away from them.  Maybe I can find a commercial tool and tell them
> that they will have to buy that.
> 
> Ron Britton 
> nk67v8o02 at 
> sneakemail.com




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